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(영문) 대구지방법원 안동지원 2013.09.03 2013고정136
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant had tried to block access to the construction site due to concerns over the decline in the price of the land due to the defect in the construction of house and house in the Dongdong-si, D, E, F, and G adjacent to the land he owns.

1. On November 3, 2012, from around 08:00 to around 09:30 on the same day, the Defendant obstructed the victim I and J’s construction work by leaving the said construction vehicle from entering the construction site by parking the cater owned by the Defendant on the farm road in H, thereby obstructing the Defendant from entering the construction site.

2. On November 7, 2012, the Defendant: (a) obstructed the victim I and J’s work of performing the said work by setting up a 4m wide and 4m wide, and a 4m wide, and installing a embankment in the section of entry from H to E and F; (b) preventing vehicles from entering the said construction site; and (c) hindering the victim I and J’s work.

3. On November 16, 2012, around 08:00, the Defendant: (a) installed a wire-net fence with a length of 40 meters from the farmland in H to E and F; (b) prevented a vehicle from entering the said construction site; and (c) obstructed the victim I and J’s work.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the suspect interrogation records of the defendant by the prosecution (including the substitute part);

1. A protocol of partial police interrogation of the accused;

1. The suspect interrogation protocol of the police against K;

1. Each police statement made to I, J, and B;

1. Application of each investigation report (on-site photographs, attachment of a detailed statement of account transactions, and telephone conversations for a witness), attachment of photographs, photographs (in-sites), and statutes on the field of extraction;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant is below H land at Ansan-si.

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